UNIT 2

Legal Systems of the World

Sources and Varieties of English Law

Legal Systems of the World

Legal Systems of the World

Major legal systems:

1.CIVIL LAW

2. COMMON LAW

1.RELIGIOUS LAW

Legal systems of the worldCIVIL LAW (continental law)- most widespread system, based on Roman Law (French, German

Scandinavian)

- Main source : enacted laws (codes/statutes) – passed by legislature

- laws provide general principles and guidelines which are applied in each case

COMMON LAW- developed in England in the 11th century – UK, Ireland, USA (except

Louisiana), Canada (except Quebec), Australia, India, Hong Kong

- Sources of common law:

a) ancient customs,

b) judicial precedents (previous court rulings)

c) enacted laws

- does not provide general principles, but court rulings

Legal systems of the world

RELIGIOUS LAW- Main source: a religious system or document

- usually follows the the principles of either civil or common

- Sharia in Islam; Halakha in Judaism

- Afghanistan, Saudi Arabia, Oman Libya …

LEGAL SYSTEMS – often combinations of two or more systems Israel (common, civil, Jewish), Cyprus, Louisiana (French civil + common - federal laws; Scotland – civil + common)

Common law vs. Civil lawThe common-law legal system contrasts strongly with the civil-law

legal system of

Continental countries. Read the following pieces of information and decide which type

of legal system they apply to.

A central importance of enacted law/central importance of precedent

B from general rules to particular cases/from individual cases to general rules

C principles are flexible/principles are based on real facts/ in time fixed principles may not correspond to changing circumstances / principles develop in individual cases/ general enacted principles are applied to individual cases

Common law Continental law

A Basic characteristics of

the system

B Style of legal reasoning

C Legal principles

UK judicial system

UK – a unitary state made up of several separate jurisdictions

- no single unified judicial system

UK judicial system

- substantial identity on many points- considerable differences in law and in procedure

legal system of England and Wales

legal system of Scotland

legal system of Northern

Ireland

Sources of English law English legal system = common law legal system English law – no unified structure

ENGLISH LAW

CUSTOM = unwritten law established by long use

JUDICIAL PRECEDENT = a legal decision in a previous case which is considered as

an authoritative rule or pattern in future similar or analogous cases

ENACTED LAW = written law made by Parliament or another legislative body

ANCIENTCUSTOM

S

JUDICIAL PRECEDEN

TSEQUITY

ENACTED LAW (Acts

of Parliament

)

EUROPEAN LAW

COMMON LAW and EQUITY- two parallel systems of justice which exist side by side in English law

COMMON LAW (as a source of law)

- part of law formulated, developed and administered by the old common law courts; based on the common customs of the country - UNWRITTEN

EQUITY- grew up from the practice of medieval Lord Chancellors;

administered by the Court of Chancery

- purpose – to add to or supplement common-law rules in cases where these were too rigid to give justice

- gradually became more rigid; 1873 – fused with common law; since then administered by the same courts

- now – an indistinguishable part of English law

Principal divisions of English law

I according to the territory on which it is applied

1.DOMESTIC LAW 2.INTERNATIONAL LAW

II according to the parties involved

1. PRIVATE LAW – areas of law involving private citizens

2. PUBLIC LAW – areas of law in which the state has a direct interest

Sources and Varieties of English Law - Reading comprehensionI Read quickly the text to decide which heading goes

with which paragraph of the text.

(1) Common law

(2) Branches of English law

(3) English common law and Roman law

(4) No unified structure of English law/ Equity and

common law

II Read the text once again in more detail and do comprehension check exercises on pages 8 and 9.

I Match the words from BOX A and BOX B below which are most closely connected. What is the connection between each pair of words?

BOX A BOX B

Sources and Varieties of English Law - Exercises

1. case law2. justice3. Lord Chancellor4. common law5. custom6. Parliament

a) equity b) legislator c) case law d) law reports e) Equity f) usage

Sources and Varieties of English Law - ExercisesComplete the following passage . For each blank space choose the correct word

from the list below. Use each word once only.

The Importance of Legislation as a Source in English and Continental Law

In many (1) continental countries much of the law is (2)__________ . For

this reason there is more written, or (3)_____________ than (4)

______________ law. In contrast, there is no general code of

(5)________________ law. Still,(6)___________ is common, and many

areas of law, e.g. (7)___________________ are codified, but

(8)______________ is the main source of the law.

partnership, enacted, continental, unwritten,

English, judicial precedent, legislation, codified

Match the following legal terms with their definitions:

a court; a lawyer; a judicial precedent; enacted law; legislation; a judge; the constitution; parliament

=a written law made by Parliament or another legislative body

=a place where justice is administered

=the system of fundamental principles according to which a nation, state, corporation, or the like, is governed

=making or enacting laws

=a public officer authorized to hear and decide cases in a court of law

=a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters

=a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases

=a legislative body in various countries

Essential terms common law = 1. anglosaksonsko pravo ili englesko običajno pravo civil law = 1. kontinentalno pravo; 2. građansko pravo a custom = običaj Roman law = rimsko pravo the rules of equity = pravila/zakoni pravičnosti enacted law = pisano pravo, zakonski propis (koje donosi parlament) to enact = donijeti, propisati (od strane parlamenta) to legislate = donijeti/donositi zakone legislation = zakonodavstvo, donošenje zakona legislature = zakonodavno tijelo, zakonodavna vlast legislative = zakonodavni judicial precedent = sudski presedan criminal law = kazneno pravo; substantive law = materijalno pravo;

family law = obiteljsko pravo; administrative law = upravno pravo; constitutional law = ustavno pravo; revenue law = financijsko pravo; adjectival (procedural) law = procesno pravo